Heinz v. Heinz

STREIT, Justice.

Carroll Heinz seriously injured his arm while helping out on his brother Roland’s farm when his arm became entangled in a speed jack. Carroll sued Roland for negligence in supplying unsafe equipment under Restatement (Second) of Torts section 392 (1965). Carroll argues the trial court erred in refusing to give an instruction based on his allegation that Roland failed to make his equipment safe for use under section 392(a). Carroll also asserts the court erred in allowing a defense expert to testify a farmer should rely on the safety of farm implements purchased for use on a…